People v. Hurst CA4/1

DISCUSSION

I.

A. Booking Fee

Hurst contends that the trial court's failure to find he was able to pay the booking

fee was a violation of his procedural due process rights. He further contends that the

error was prejudicial and reversible because the record does not contain substantial

evidence that he had the means to pay the $154 booking fee.

Hurst relies on Penal Code section 987.8, subdivision (g),1 which outlines criteria

for a court to make an ability to pay determination. He also attempts to distinguish this

case from People v. McCullough (2013) 56 Cal.4th 589 (McCullough), in which the

California Supreme Court held that a defendant forfeits an appellate challenge to the

sufficiency of evidence supporting a jail booking fee imposed under Government Code

section 29550.2, subdivision (a) if the fee is not first challenged in the trial court.

(McCullough, at p. 597.)

Penal Code section 987.8, subdivision (g)(2) states that a defendant's ability to pay refers to his or her overall capability to reimburse the costs of the legal assistance received, and shall include: "(A) The defendant's present financial position. [¶] (B) The defendant's…